The new self-declaration of non-positivity to the virus: the new model is online

(To Avv. Marco Valerio Verni)
20/03/20

È online and, on the Ministry of Interior website1, the new model useful for self-declarations in the event of movements from one's home, made necessary following the restrictions imposed by the Government in recent weeks, to counter the spread of Covid-19, already extensively illustrated in this newspaper and whose article2 please refer - also for what may be of interest to you from here on - for any consideration on the possible legal consequences deriving from their violations.

Compared to the previous ones already circulated on the net, it contains a new item with which the interested party must self-declare to "not be in the conditions foreseen by art. 1, paragraph 1, lett. c) of the Prime Ministerial Decree of March 8, 2020", Which bears a"absolute ban on mobility from one's home or dwelling for subjects subjected to the quarantine measure or positive results for the COVID-19 virus ": an addition, evidently, resulting from the experience gained in these days on the field by the police forces engaged in the controls and aimed, on the one hand, to protect even more the staff engaged in this activity, which is operating in conditions of I work more and more critical and, on the other, to increase the awareness of citizens in an emergency moment with increasingly dramatic outlines and, often times, still not well understood, apparently.

Well, on the (self) declaration of quarantine there seems to be no perplexity: in this condition (usually consisting of home isolation), in fact, all those who have had close contact with confirmed cases of Covid-19 diffusive infectious disease are placed.

They cannot strictly leave the house and, if they did, beyond the obvious "recklessness", they would find themselves in front of two "roads", to a possible check: admit their status (quarantine, in fact), and incur, at a minimum, in the offense referred to in art. 650 of the Italian Criminal Code ("Failure to comply with the Authority's provisions"), or declare false, that is, not to be false (in quarantine). In the latter case, the aforementioned offense would be accompanied by that of "false statements to public officials" (art. 76 of Presidential Decree 445/2000 and art. 495 of the Italian Criminal Code), to which the one concerning "culpable crimes against the public health "(Article 452 of the Italian Criminal Code).

Various perplexities and concerns, however, have arisen, in public opinion, regarding the fact of how to be able to self-declare that they are not positive for the so-called Coronavirus, without ever having been subjected to the relative test, with the risk, therefore, of declaring the false.

In reality, the declaration of "non-positivity" can be carried out by all those who, at the time of any check (when, that is, it should be produced) have not undergone the appropriate test (and therefore could not be aware of the their state of positivity or negativity to it) or which, of course, despite having been, were negative. On the other hand, all this can be clearly seen both from the logical sense and from the literal tenor: in fact, on the form there is the wording "...not be positive ..."And not, for example,"don't be positive”, Which could already have created some more problems.

Clearly, the invitations to prudence and correctness remain firm: beyond self-declaration, in fact, anyone who has had knowledge of even having come into contact with an infected person, must, without hesitation, activate the health procedure provided for this purpose , both to protect one's own health and that of the collective one.